Legal Opinion

Tina Davidson v. Georgia Pacific, L. L. C.

Court of Appeals for the Fifth Circuit

Decided April 19, 2016No. 14-30925PublishedCited by 139 opinions

1Opinion of the Court

COSTA, Circuit Judge:

This asbestos case requires us to once again wade into the thicket of improper joinder law. 13F Charles Alan Wright et al„ Federal Practice and Procedure § 3641.1 (3d ed.2009) (noting that the Fifth Circuit “embraces a number of district courts that in particular have seen a considerable amount of removal activity that has raised issues of fraudulent joinder”). It also affords us an opportunity to decide a question about removal procedure that district courts often face, but that we have not yet confronted: when a district court refers a motion to remand to a magistrate…

2Cases cited21 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Gomez v. United StatesSupreme Court of the United States · 1989
  3. Kelli Smallwood v. Illinois Central Railroad Company Mississippi Department of TransportationCourt of Appeals for the Fifth Circuit · 2004
  4. Guillory v. PPG Industries, Inc.Court of Appeals for the Fifth Circuit · 2005
  5. Travis v. IrbyCourt of Appeals for the Fifth Circuit · 2003

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3Cited by139 opinions

  1. Ticer v. ImperiumCourt of Appeals for the Fifth Circuit · 2021
  2. Oscar Cumpian v. Alcoa World Alumina, L.L.C., et aCourt of Appeals for the Fifth Circuit · 2018
  3. Joe Alviar, Jr. v. Macy's IncorporatedCourt of Appeals for the Fifth Circuit · 2017
  4. Hicks v. Martinrea Auto StructuresCourt of Appeals for the Fifth Circuit · 2021
  5. ML-CFC 2007-6 Puerto Rico v. BPP Retail Properties, LLCCourt of Appeals for the First Circuit · 2020

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